Election of Distribution Options - How Late is Too Late?

[Guest EMC]

Following up on an earlier strand, is there recent word from the IRS that it now agrees with the Martin v. Comm'r case (96 TC 814) and will leave unchallenged NQDC plans which allow participants to wait as long as possible during the deferral period before electing the form (e.g. lump sum or installments) in which distribution payments will be made?

A client has indicated to me (without any citation or other direction) that this may be the case. Anyone have any input?

[Alf]

There is nothing new since Martin. The IRS still has a "no-rule" position in place as of early 2000.

[Guest EMC]

Thanks, Alf. How does one find out about "no-rule" positions? Is there an informal announcement?

[This message has been edited by EMC (edited 04-06-2000).]

[Guest]

At the beginning of every year the IRS puts out a rev proc on what they won't rule on.